New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT
Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY
Section 1.5.16.10 - APPENDIX
Current through Register Vol. 35, No. 18, September 24, 2024
Standard Lease Form (for Non-Profit/Charitable Organization Lessee).
LEASE AGREEMENT
(Non-Profit/Charitable
Organization Lessee)
THIS LEASE is made by and between the State of New Mexico, Property Control Division, General Services Department hereinafter ("Lessor"). and _________________________________________, (hereinafter "Lessee").
WHEREAS, Lessor through the _________________________ Department, previously used ______________________________(Name of Building or Land) in ____________________(Location of Land) New Mexico, and for several years has not had any use of this real property; and,
WHEREAS, the ___________________________ (Name of Building or Land) described hereinafter is not needed for the operation of any state agencies and constitutes an economic drain because of the necessity of cleaning and policing such land without receiving any benefit to the Lessor; and,
WHEREAS, Lessee proposes to ______________________________ (general description of use or proposed use of land), without any cost to lessor for construction, maintenance, or any upkeep whatsoever, for the purposes of providing ___________________ (general description of Lessee's program) ___________________________ (area served) in ____________________, New Mexico.
NOW, THEREFORE, in consideration of the foregoing, the rent herein reserved, the covenants herein contained, and for the good and valuable consideration, Lessor does hereby lease, demise and let unto Lessee the property herein described for the term and in accordance with the conditions herein set forth. The parties agree as follows:
1. Description: The _________________ (acreage, buildings, etc.) Leased herein is designated on the (survey, map, drawings, etc.) attached hereto as Exhibit "A" and incorporated herein as though set forth in full, consisting of (give location and size of building or land) ____________________ in _____________________, New Mexico, more particularly described (give legal description, if available)__________________________
2. Term: The base term shall be for ___________years, beginning the _______day of ___________, 19_____, and ending the __________day of ______________, 19____.
3. Rent: Lessee agrees to pay Lessor, and Lessor agrees to accept as rent for the Premises, the sum of ________ dollar(s) ($____) per year payable annually (insert monthly fees if applicable), the first installment to be paid on or before the 10th day of the first month of the lease year, and each succeeding installment to be paid (annually or monthly) thereafter throughout the term of this lease.
4. Condition of Premises: Lessee hereby acknowledges that Less has made an on-site inspection and knows the conditions of said Premises, that no representations as to the condition of the Premises have been made by Lessor, and Lessee hereby accepts the demised Premises in their present condition.
5. Ownership of Improvements: All improvements on the Premises shall be owned by Lessee during the term of this lease; upon expiration of the term they shall be owned by Lessor, [provided however, (insert list of exceptions, if any.)] ______________________________________________________________________.
6. Utilities: Lessee will pay for the extension of all necessary utilities to the Premises and will pay promptly all utility charges which may be incurred in connection with Lessee's use of the Premises, and will save Lessor harmless therefrom. Lessee will pay all costs associated with the acquisition of utility meters and utility service to the Premises.
7. Maintenance. Lessee shall, at Lessee's sole expense keep and maintain the Premises and all improvements thereon in a reasonable state of repair and preservation, and shall not suffer or permit any continuing nuisance thereon.
8. Assignment and Subletting: Lessee may not assign, sublet, mortgage, subordinate, alienate or hypothecate the Premises, or any part thereof, without the express written consent of Lessor.
9. Signs and Personal Property: Lessee may place signs on the Premises only with the advance written approval of Lessor. Such approval shall not be unreasonably withheld by Lessor. All personal property, signs and improvements of Lessee, its employees, agents, customers and invites kept on the Premises shall be at the sole risk of the Lessee, and Lessor shall not be liable for any damage thereto.
10. Taxes: Lessee assumes and agrees to pay, before they become delinquent, all taxes, including but not limited to, taxes assessed by the ____________________ (Name of Conservancy District or other specific tax), which may be lawfully levied and assessed against either the Premises, the improvements constructed thereon, or the contents therein, or all of these, during the term of this lease; provided that Lessee may in good faith contest the amount or validity of such taxes and, in such event may permit the taxes to remain unpaid while contested unless, because of the delay in payment, the Premises will be subject to loss. Lessor shall forward all tax billings received to lessee.
11. Inspection: Lessee will permit Lessor to come upon the Premises at all reasonable times in order to inspect the condition, use, safety or security of the Premises and any improvements thereon.
12. Laws: Lessee will comply with all applicable federal, state and local laws and ordinances and with all applicable rules and regulations of Lessor, and will insure that those persons using the Premises so comply. Lessee shall indemnify Lessor and hold it harmless from and against any and all claims, damages, loss and liability (including, but not limited to attorney's fees and costs of litigation) suffered by Lessor by reason of Lessee's failure to comply with the foregoing terms of this paragraph.
13. Non-Discrimination: Lessee, with respect to employment of staff and to those persons using the Premises and/or receiving services from Lessees, shall not discriminate unlawfully with respect to race, sex, national origin, age, physical handicap, religion or as to any other class protected against discrimination by applicable state or federal laws.
14 Indemnity: Lessee shall defend, indemnify and hod Lessor harmless from action, proceedings, loss, costs, damages, liability and all other liabilities and expenses, including but not limited to attorney's fees, and cost of litigation, incurred by Lessor by reason of any claim against Lessor arising out of this lease and/or the operation of the Premises, except those claims arising out of the active conduct or negligence of Lessor's employees acting in the course of their employment for the benefit of Lessor and not Lessee.
15. Notice: All notices relating to this lease shall be in writing and shall be delivered to the following addresses and, if mailed, sent certified or registered mail: LESSOR: Property Control Division General Services Department 715 Alta Vista, Santa Fe, New Mexico 87503. LESSEE: (Name:) ______________________________(Address:) ____________________________or to such other addresses as either party may give to the other party by written notice as set forth above.
16. Waiver: No failure on the part of Lessor to exercise, and no delay in exercising, any right, power or privilege hereunder shall preclude other or further exercise thereof, or the exercise of any other right, power or privilege. The rights or limitations herein provided are cumulative and not exclusive of any rights and remedies otherwise provided by law or equity.
17. Expiration: Upon termination of this lease by reason of the expiration of the term, Lessee will peaceably surrender to Lessor possession of the Premises and all improvements thereon in good condition and repair, reasonable wear and tear excepted.
18. Insurance: Lessee shall carry and maintain in full force and effect during the term of this lease and any extension thereof at Lessee's sole cost and expense and as additional rent hereunder, public liability insurance covering bodily injury, disease, illness or death and property damage liability, in a form and with an insurance company acceptable to Lessor, with limits of coverage not less than $300,000 for each person and $500,000 in the aggregate for bodily injury, disease, illness or death with respect to any one occurrence, and $100,000 for each accident for property damage liability, for the benefit of both Lessor and Lessee as protection against all liability claims arising from the Premises, causing Lessor to be named as an additional-names insured on such policy of insurance, and delivering a copy thereof to Lessor upon the commencement of the term of this lease.
19. Default of Lessee and Remedies of Lessor: If any of the following events, "Events of Default", shall occur:
Upon receipt of such notice of forfeiture, Lessee shall immediately peacefully surrender the Premises, together with all improvements, building (except as otherwise provided herein) and fixtures thereon. If Lessee fails to surrender the Premises, Lessor may forthwith take possession of the Premises, together with all improvements, buildings and fixtures thereon, either by force, summary proceedings or by any other suitable action or proceedings at law or otherwise, without being liable for damages. Lessee agrees that in the event of forfeiture hereunder it shall, upon request of Lessor, assign, convey and transfer to Lessor the title to all improvements, buildings and fixtures on the Premises. Under this remedy Lessee shall be liable for the costs, expenses and attorneys' fees of Lessor in enforcing its rights under this lease, including injunctive relief or the obtaining of possession, and Lessor shall have a lien on all property of Lessee on the Premises as security for the payment of such rental, costs, expenses and attorneys' fees. Lessee shall not be liable for any future rental from the date of termination if this remedy is pursued, and Lessor shall have no further obligation to Lessee under this lease.
20. Uses to be Made of Premises: The Premises shall be used for the conduct and operation ____________________________ (insert a description of Lessee's activities/program) and for such other lawful purposes to which the Lessor shall consent in writing. In no event shall Premises be used for any unlawful purpose or other purpose constituting or creating a public or private nuisance.
21. Approval of State Board of Finance: This lease shall not be binding or effective until approved by the State Board of Finance of New Mexico and the Secretary of the General Services Department.
22. Succession: This agreement shall extend to and be binding upon the heirs, successors and assigns of the parties.
23. Condemnation: In the event that all or any portion of the Premises is condemned by any governmental body or agency, Lessor shall be entitled to all compensation awarded or paid without participation by Lessee.
24. Early Termination of Lease: Lessor may terminate this lease in the event that Lessor determines that the Premises is needed by any agency or other unit of the State of New Mexico for the conduct of state business. Should determination be made, Lessee shall be entitled to ____________ (time period) notice, in writing, from Lessor of early termination of this lease.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals.
LESSOR:
By: ______________________________________
(Name)
Property Control Division Director
ACKNOWLEDGMENTS
STATE OF NEW MEXICO)
)ss.
COUNTY OF SANTA FE)
The foregoing instrument was acknowledged before me, the undersigned authority, this ________ day of ____________, 19______, by ____________________, Property Control Division Director, General Services Department, State of New Mexico. Notary Public
My commission expires: _______________________
LESSEE:
BY: ____________________________
(Name:)
(Title:)
STATE OF NEW MEXICO)
)ss.
COUNTY OF ________________________)
The foregoing instrument was acknowledged before me the undersigned authority, this _______ day of ___________ 19____, by_____________(Name)___________________ ___________________ (Title).
_____________________________
Notary Public
My commission expires: ________________________
APPROVED: __________________
_____________________________
SECRETARY
GENERAL SERVICES DEPARTMENT
BY: ______________________
DATE: ______________________
STATE BOARD OF FINANCE:
BY: _______________________
DIRECTOR
